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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Incapacity Benefit as income on UC claim

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 452

Joined: 20 September 2018

My clients are a MAC. They applied for UC in July, three days after his 66th birthday. He gets enhanced rate PIP DL.

The first payment statement includes LCWRA element, and also a deduction for Incapacity Benefit.

According to our HB systems, he was moved over from IB to C-ESA in 2014. His C-ESA then stopped in 2015 - he says he stopped it himself because he realised he wouldn’t ever be able to work again so obviously it was wrong to keep getting benefits (!).

Perhaps tellingly, the amount of IB they are deducting from UC exactly matches what he was getting in 2013 (but not what he was getting when it stopped in 2014).

So… we’ve asked them to look at the IB income as it’s obviously wrong. But I’m thinking this will mean he’s not going to get the LCWRA element straight away because there was no existing ESA claim. I am assuming even if he was getting NI credits then they would have stopped when he reached pension age (i.e. three days before the UC claim). Does this sound right?

Edit: I suspect the C-ESA actually stopped because he was put in the WRAG, but I’m not sure.

[ Edited: 3 Sep 2021 at 01:40 pm by Timothy Seaside ]
Mkfiftyeight
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Benefit Advisor, HARC East Sussex

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Joined: 7 December 2018

Irrespective of all the other things going on, if I read your post correcltly his age and enhanced DL should mean he is treated as having LCWRA in UC from day one - see ADM Chapter G3, para G3030 - and will not undergo a WCA

From when LCWRA element is paid should be the only issue to resolve, pensioners not an exception to payment from day one. Really depends was there an exitisng claim etc

<A>

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 452

Joined: 20 September 2018

Yes, my question is just about when the LCWRA element should start. I think he may have been getting NI credits after the ESA ended, but can they be continuous past his 66th birthday (as he claimed UC three days later)?